The Pokki Challenge – Official Rules

Important: Please read these rules ("Official Rules") carefully before entering the Pokki Challenge (the "Challenge"). By submitting an entry in the Challenge, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements set forth below.
NO PURCHASE IS NECESSARY TO ENTER OR WIN THE CHALLENGE. THE CHALLENGE SHALL BE VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

Pokki Challenge Period.
The Challenge will take place from 12:01AM (PST) on September 22nd, 2011 to 11:59PM (PST) on November 15th, 2011 (the "Challenge Period"). All entries must be received during the Challenge Period (and must also be approved and meet other requirements in these Official Rules) to be eligible to win a prize.

Eligibility.
THE CHALLENGE IS OPEN ONLY TO THOSE WHO HAVE REGISTERED FOR A POKKI DEVELOPER ACCOUNT AND WHO ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW). NO PERSON WHO IS A NATIONAL OR RESIDENT OF, OR LOCATED IN, CUBA, IRAN, MYANMAR (BURMA), NORTH KOREA, SUDAN, SYRIA, LIBYA OR ANY OTHER COUNTRY SUBJECT TO A U.S. EMBARGO OR SIMILAR EXPORT RESTRICTIONS, OR IS OTHERWISE SUBJECT TO EXPORT RESTRICTIONS, IS ELIGIBLE TO PARTICIPATE. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND SWEETLABS, INC. ("SPONSOR") RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU.

To be eligible to win a prize, entries must be received by Sponsor during the Challenge Period and in the manner and format designated below. Directors, officers, and employees of Sponsor and any of their respective affiliates, subsidiaries, agents, professional advisors, agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply. Entrants may enter as an individual or as part of a team. Teams may be made up of up to three participants. However, submissions from a team must be made by a single team representative, and the team representative and each individual team member will be required to sign the winner agreements required by Sponsor in order to win a prize. For team entries, the prize will be given to the team representative who submitted the entry for the team. Sponsor will have no responsibility thereafter to award prizes to the individual team members. If more than one team member submits an entry, Sponsor reserves the right to disqualify the entry and/or select a team representative in its sole discretion.

Prizes.
Prizes will be awarded as follows (as selected by the Judging Panel):

1st Place: USD $30,000.00

2nd Place: USD $13,000.00

3rd Place: USD $7,000.00

Total combined value of all Challenge prizes:
USD $50,000.00
All prizes are dominated in US Dollars.

Odds; Taxes.
Odds of winning a prize depend on the number and quality of eligible entries received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. All prizes will be awarded. Prizes returned as undeliverable or otherwise not claimed within 7 days after delivery of notification will be forfeited and may be awarded to an alternate winner. Prizes are not transferable. No substitutions or exchanges of any prizes will be permitted. Limit one prize per entry (regardless of whether the entry is submitted by multiple team members). All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).

Identity of Entrant.
In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the e-mail address of the registered Pokki developer account used to upload and submit the applicable Pokki. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.

How to Enter.
To enter the Challenge:

Create a new Pokki – a web-enabled desktop application using the Pokki platform. To qualify for this Challenge you must create a new Pokki during the Challenge Period. New versions of existing Pokkies are not eligible. You may download the Pokki SDK at http://developers.pokki.com/

Submit your new Pokki. To submit a Pokki, you must create a developer account and upload your new Pokki through the Pokki developer console. You may create a developer account at http://developers.pokki.com/signup/

Your Pokki must be uploaded before the end of the Challenge Period AND must also be approved by Sponsor. Approval can take up to a week and many Pokkies require modifications before they are approved. We therefore recommend uploading your Pokki well before the deadline so you have time to address any issues that may be preventing your Pokki from being approved.

Multiple Submissions. You may submit more than one Pokki for the Challenge, although we recommend focusing on a single Pokki and making it as awesome as possible.

Sponsor reserves the right, in its sole and absolute discretion, to disqualify or withhold approval of any entries for any reason.

Winners will be announced on or about fifteen calendar days after the end of the Challenge Period.

Additional Challenge Rules.

All Pokki entries shall be subject to the Pokki Developer Distribution Agreement located at http://www.pokki.com/r/?pokki-developer-agreement.

All Pokki entries must also adhere to the Pokki Privacy Policy located at http://www.pokki.com/r/?privacy-policy and the Pokki Content Policies located at http://www.pokki.com/r/?content-policy.

All Pokki entries approved by Sponsor may be made publicly available in the Pokki App Store at Sponsor’s sole discretion.

Judges and Selection Criteria.
Pokki entries will be judged by the following Judging Panel (judges subject to change without notice):

Braden Kowitz

Preshit Deorukhkar

Fontaine Shu

Angel Leon

The judges will be scoring all entries on a variety of criteria including
Utility, Appearance, User Experience, Uniqueness, and Quality.

Use of Winner's Name and Pokki Entries; Affidavit & Other Required Documentation.Except where prohibited by law, entry into the Challenge constitutes permission to use each winner's name, each winning Pokki entry (including the name and screenshots of each entry) and/or prize information, without limitation, for promotional purposes without further permission or compensation. Sponsor reserves the right to announce winners of the Challenge by press release or at an event so long as the press release or the event is held after notice of the prizes as described above.

As a condition of being awarded any prize, except where prohibited by law, each winner may be required to execute an additional written consent to the use of their name, the winning Pokki entry (including the name and screenshots) and/or prize information, without limitation, for promotional purposes without further permission or compensation, and may also be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other required legal, regulatory or tax-related documents.

Winner List; Rules Request.
For a copy of the winner list, send a stamped, self-addressed, business-size envelope after November 30, 2011 and before November 30, 2012 to Sponsor at the address listed below, Attn: Pokki Challenge Winner List. To obtain a copy of these Official Rules, visit http://www.pokki.com/contest/official-rules/or send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: Pokki Challenge Rules Request. Residents of VT may omit return postage.

LIMITATION OF LIABILITY.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM ACCESS TO, OR USE OF, THE WWW.POKKI.COM WEBSITE, PORTAL, THE POKKI DEVELOPER CONSOLE, POKKI SDK OR OTHER SPONSOR SOFTWARE OR SERVICES, ELECTRONIC OR COMPUTER MALFUNCTIONS, OR YOUR PARTICIPATION IN THIS CHALLENGE, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING PROVIDED FOR THE CHALLENGE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE, SERVICES, MATERIALS OR CONTENT, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS THAT ARE PROHIBITED BY LAW IN A PARTICULAR ENTRANT'S JURISDICTION WILL NOT APPLY TO SUCH ENTRANT.

General Release.
By entering the Challenge, you release Sponsor and any of its respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Challenge or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.

Disclaimer.
Sponsor and all Released Parties will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Challenge disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Challenge.

Miscellaneous.

The Challenge and these Official Rules will be governed, construed and interpreted under the laws of the State of California, USA, without reference to its conflicts of laws provisions. All entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. All entrants expressly submit to the exclusive jurisdiction of the state or federal courts located in San Diego County, California, USA, and hereby waive the jurisdiction of any other court. All entrants further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to the Challenge.

Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend, cancel, postpone or extend the Challenge or any entrant's participation in the Challenge should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's control affect the administration or security of the Challenge or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Challenge as planned.

Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Challenge, tamper with the operation of the Challenge or engage in any conduct that is detrimental or unfair to Sponsor, the Challenge or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from entry into the Challenge.

Sponsor reserves the right, in its sole discretion, to approve or not approve any entry in the Challenge. Sponsor reserves the right to not admit for entry any persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Challenge.

Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect.

If you have any questions about these Official Rules or the Challenge, please e-mail them to challenge@pokki.com or send written questions to Sponsor at the address listed below, Attn: Pokki Challenge Questions.